SUNAHAR ALI AND ORS. Vs. ON THE DEATH OF SARAT CHANDRA SUKLOBAIDYA, HIS HEIRS SYTHENDRA SUKLOBAIDYA AND ORS.

JUDGEMENT

(1.) THIS second appeal is by the defendants having lost in both the courts below in a suit instituted by the plaintiff on 1st June, 1961 for their eviction from the agricultural lands measuring about 4 B. 16 K. 13 Ch. The plaintiff also got a decree for recovery of rent which is not at all disputed by the defendants.

(2.) THE plaintiff's case is that the defendants held the suit land as his tenants by executing a kabuliat on 11th February, 1953 for a period of three years and thereafter they were holding over. A rent suit was earlier instituted by the plaintiff against the defendants for recovery of rent and that was decreed. The plaintiff wants khas possession of the suit land which is adjacent to his homestead land and he claims that it is necessary for his own use. The defendants admitted the tenancy, but pleaded that they were tenants since long before 1953 for about 30 years in the case of R.S. Patta No. 14 and for about 12 or 13 years in case of R. S. Patta No. 20. Hence they acquired occupancy right over the suit land and are not liable for eviction.

(3.) THE principal point which is canvassed before us by Mr. Mazumdar the learned counsel for the appellants, is that the learned court below erred in passing a decree of eviction in view of the provisions of Section 23(b) of the Ceiling Act. We may therefore turn to the material provisions of the Act: